Autopsy report: Man killed by LCPD may have tried to provoke shooting

LCPD fired bean bag rounds before fatal shots

LAS CRUCES >> The Las Cruces man killed by police in July after reportedly pointing an ominous looking gun at them outside his mobile home, died of two gunshot wounds, suffered from schizophrenia and may have been trying to provoke the responding officers to shoot him, according to an autopsy report released Thursday.

Jose Ramon "Joey" Estrada suffered gunshot wounds to the chest and arm, the report compiled by the New Mexico Office of the Medical Investigator states. Estrada, 37, died 6:38 p.m., July 2 in an El Paso hospital.

That afternoon, three Las Cruces police officers responded to Estrada's home in the 1300 block of Bronco Way after receiving a domestic violence call, the OMI report states. At some point after police arrived, Estrada brandished what looked like an assault rife, investigators and witnesses said.

The OMI report revealed that the LCPD officers first fired less-lethal bean bag rounds at Estrada. In those heated moments, he pointed the gun at the officers. Then all three officers fired, delivering the fatal injuries -- he died from blood loss and lung damage, OMI concluded.

Estrada's weapon proved to be a pellet gun but strongly resembled, based on a photo LCPD released, a high-powered rifle. That was no coincidence, according to the OMI report.

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Investigators learned from an associate of Estrada that Estrada had obtained a pellet gun "that looked like an assault rifle," the OMI report states. Though the time frame is unclear in the OMI report, Estrada told the associate he considered pointing the pellet gun at people so police "would have to shoot him."

Neighbors who witnessed the shooting told the Sun-News that Estrada appeared drunk that day. Toxicology test results were incomplete and unavailable Thursday, an OMI official said.

Estrada's medical history included schizophrenia, according to the autopsy report.

The autopsy report notes bullet and casing fragments found in Estrada's body, but makes no attempt to identify the caliber of weapon used in the shooting.

LCPD has declined to identify the three officers involved, saying that information would come once 3rd Judicial District Attorney Mark D'Antonio determined whether the shooing was justified. Local officer-involved shootings are investigated by a special, multi-agency task force. Its findings are turned over to the DA's office for review.

That has not happened yet, said Marie Duitman, spokeswoman for the DA's office. In July, D'Antonio said preliminary results from the investigation seemed to show police responded properly.

All three LCPD officers involved in Estrada's death were placed on standard administrative leave after the incident. LCPD policies require any officer to be on leave at least three days after shooting at a person. All three returned to work by July 19.

LCPD-involved shooting incidents have been subject to scrutiny this year.

In May, a federal judge cleared LCPD and one of its officers of wrongdoing in the 2010 fatal shooting of Lance "Lizard Man" Hummell, who was armed with a nearly 4-foot Samurai sword. Hummell's family had filed a wrongful death civil suit, seeking $14 million.

LCPD attorneys said Hummell had a history of mental illness and sent text messages saying he wanted to commit "suicide by cop" -- provoking officers to shoot him.

During that trial, a nationally known use-of-force expert commended the department's policies.

Estrada's death marks the fourth fatal shooting involving LCPD officers since 2010. It is the first since December 2011, when officers killed Robert Montes near Espina Street and Foster Road.